Issue: Under Illinois law, may an appeal be deemed moot where a party below is not named as a party on appeal?
Area of Law:
Litigation Practice & Procedure, Litigation Practice and Procedure, Real Estate
; Notice of Appeal; Party of Appeal; Moot
Courts recognize that a respondent’s failure to name a party [on appeal] does not render an appeal moot as a decision on the merits could result in relief to respondent as the complaining party, namely, invalidating the deed in lieu of foreclosure. Fisch v. Lowes Cineplex Theatres, Inc., 365 Ill. App. 3d 537, 539 (2005) ("[a]n appeal is considered moot if no actual controversy exists or if events have occurred that make it impossible to grant the complaining party effectual relief"). Notwithstanding, the court concludes that respondent’s failure to serve a notice of appeal on the [mortgage holder bank], as an interested party, requires dismissal of this appeal.